IHTM12073 - Revocation of a will: by destruction
For a will to be revoked by destruction there must be both an
intention to destroy and an act of physical destruction.
However
- destruction whilst the testator is of unsound mind does not revoke a will
- a will destroyed by accident is not revoked
- if a will is destroyed in the mistaken belief that it is invalid, useless or already revoked, the act of destruction does not revoke it
- if a will cannot be found at the death it is presumed to have been destroyed by the testator with the intention of revoking it
- when a will is found mutilated at the death it is presumed to have been mutilated by the testator with intention of revoking it wholly or partially.
